The Customer undertakes to a) keep all Goods free of any charge, lien or Security Interest except as created under these Terms & Conditions and not otherwise deal with the Goods in a way that may prejudice any rights of the Contractor under these Terms & Conditions or the PPSA;
b) sign any further documents and provide any further information (which must be complete, accurate and up-to-date in all respects) that the Contractor may require to:
(i) register a Financing Statement or Financing Change Statement in relation to a Security Interest on the Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 11.3(b) (i) or 11.3(b) (ii);
c) indemnify, and upon demand reimburse, the Contractor for all fees (including actual legal fees on a solicitor/own client basis), costs, disbursements and expenses in:
(i) registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged thereby; and
(ii) enforcing or attempting to enforce the Security Interest created by these Terms & Conditions.
d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Goods or Proceeds in favour of a third party, without the prior written consent of the Contractor; and
e) immediately advise the Contractor of any material change in its business details (including, but not limited to, it’s trading name, address, facsimile number) or business practices.
The Customer undertakes to. 16.2.1 disclose the Supplier’s Confidential Information only to those of its officers, employees, agents and contractors to whom, and to the extent to which, such disclosure is necessary for the purposes contemplated under our Agreement;
16.2.2 procure that such persons are made aware of and agree in writing to observe the obligations in this clause 16; and
16.2.3 be responsible for the acts and omissions of those third parties referred to in this clause 16.2 as if they were the Customer’s own acts or omissions.
The Customer undertakes to. 4.1. Meet with the requirements provided in the Agreement;
4.2. Ensure that only the Users specified in the Agreement log in to the Account remotely with the granted Identification Measures and make use of the Account;
4.3. Consider that the User Identity is established and Orders, notices submitted to the Institution, or other actions performed using electronic means of computer communication are properly authorized and to assume all obligations arising from such actions if during the time of remote log in to the Account and submission of Orders the appropriate User Identification Measures have been used;
4.4. Ensure the security of the Identification Measures provided by the Institution, not to enter the Identification Measures data on the items stored along with them, and not to allow third parties to access and / or dispose of them;
4.5. Pay the fees for operations and services approved by the Institution for the issuance and exchange of Identification Measures, for execution of the Orders provided by electronic means of computer communication, other services provided by the Company, and to ensure that the Account has sufficient funds to execute the Orders and pay the applicable rates;
4.6. Provide the Institution with the right to record telephone conversations between the Institution and the Customer / User when the Customer / User asks to block the access to electronic services remotely or to unblock. Conversation records shall be considered evidence of possible disputes. xxx.xxxxxxxxxx.xxx
4.7. Inform the Institution immediately if the Customer’s address, account numbers, mobile telephone number or other particulars specified in the Special Part of the Agreement change. In case of failure to comply with this requirement, the Customer cannot raise claims and objections that the actions of the Institution performed on the basis of the latest known Customer’s details do not comply with the Agreement, or that it has not received any messages sent according to those details and / or could not access the Account and submit the Orders.
The Customer undertakes to a) Sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register.
b) Indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
c) Not register a financing change statement or a change demand without the prior written consent of the Supplier; and
d) Immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
The Customer undertakes to. (a) do anything (in each case, including executing any new document or providing any information) that is required by the Company:
(i) so that the Company may acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds;
(ii) to register a financing statement or financing change statement; and
(iii) to ensure that the Company‟s security position, and rights and obligations, are not adversely affected by the PPSA;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by this Hire Agreement without the Company‟s prior written consent; and
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without the Company‟s prior written consent.
The Customer undertakes to. (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which the Carrier may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 20.3(a)(i) or 20.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Carrier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Carrier;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Carrier;
(e) immediately advise the Carrier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
The Customer undertakes to. (a) do anything (including executing a document or providing information) that is required by PQRS:-
(i) so that PQRS can acquire and maintain one or more perfected security interests under the PPSA in respect of the Equipment and its proceeds;
(ii) to ensure that PQRS’ security position, and rights and obligations, are not adversely affected by the PPSA; and
(iii) to register a financing statement or financing change statement;
(b) not register a financing change statement in respect of a security interest contemplated or constituted by these Rental Terms and Conditions without PQRS’ prior written consent; and
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Equipment in favour of a third party without PQRS’ prior written consent.
The Customer undertakes to. (a) keep and procure each of his authorized signatories and (where applicable) Delegated Person to keep his PIN and Security Code secret and if the Customer and each of his authorized signatories and (where applicable) Delegated Person act in good faith and is diligent in safeguarding his PIN and Security Code / Security Device, the Customer shall not be liable to the Bank for any unauthorized transactions made pursuant to instructions given through the Internet or electronic means; (b) inform the Bank as soon as
The Customer undertakes to. (a) not register a Financing Change Statement in respect of a Security Interest contemplated or constituted by the Agreement without the Contractor’s prior written consent;
(b) not register, or permit to be registered, a Financing Statement or a Financing Change Statement in respect of a Security Interest contemplated or constituted by this Agreement in favour of a third party without the Contractor’s prior written consent.
The Customer undertakes to. (a) promptly sign any further documents and provide any further information (such information to be complete, accurate and up-to date in all respects) which the Supplier may reasonably require to:
(1) register a Financing Statement or Financing Change Statement on the PPS Register in relation to a Security Interest over the Goods;
(2) register any other document on the PPS Register which is necessary to perfect the Supplier’s Security Interest over the Goods; or
(3) correct a defect in any document referred to in clause 5.3(a)(1) and 5.3(a)(2);
(b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a Financing Statement or Financing Change Statement on the PPS Register;
(c) not register a Financing Statement or a Financing Change Statement in respect of the Goods without the prior written consent of the Supplier;
(d) not register, or permit to be registered, a Financing Statement or a Financing Change Statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier;
(e) keep full and complete records of the Goods; and
(f) without limiting any other right the Supplier may have, immediately return the Goods if requested to do so by the Supplier following non-repayment of any amount owing by the Customer to the Supplier or following the breach of any other obligation of the Customer.
